Acceptance of Terms of Use

Welcome to the smirkabout.com ("Smirk About") website (the “Website”). The following document contains the Terms of Use that govern your use of this Website. They describe your rights and responsibilities and what you can expect from Smirk About. Please take a few minutes to review these Terms of Use.

In these Terms of Use "we", "us" and “Smirk About” mean Smirk About Pty. Ltd. ABN 18 137 746 475, and "you" means you the visitor, customer or artist.

Your use of this Website constitutes your agreement to adhere to the Terms of Use and to be bound by them. If you do not agree with any of these Terms of Use, do not use this Website. Smirk About reserves the right to add to, delete or change these terms. Any such amendments become effective immediately. As such, it is your responsibility to check these Terms of Use each time you access the Smirk About Website.

These Terms of Use together with your Order and the Design Licence Agreement in the case of an artist, constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

Modifications to the Website

Smirk About reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Smirk About shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Website accessible

Smirk About grants you a limited license to access and make personal use of this site and not to download (other than page caching or specifically provided image or application downloads where authority is explicitly given, either on the Website, via email or in writing) or modify it, or any portion of it, except with express written consent of Smirk About. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Smirk About. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smirk About without express written consent. You may not use any meta tags or any other "hidden text" utilising Smirk About's name or trademarks without the express written consent of Smirk About. Any unauthorised use terminates the permission or license granted by Smirk About. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of smirkabout.com so long as the link does not portray Smirk About, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Smirk About logo or other proprietary graphic or trademark as part of the link without express written permission.

Rules of conduct

The following rules of conduct apply to your use of the Website and to any and all materials you post on Smirk About, including text, data, graphics, audio or video content, files or other material (hereafter referred to as “User Submissions”) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Smirk About.

In connection with the Website, you may not engage in activities that, nor include in your submissions material that:

• violates or encourages others to violate any applicable law, statute, ordinance or regulation;
• engage in any malicious attack on the Smirk About Website or use the Smirk About Website or servers to launch such an attack on other websites, computers or system accessible from the Website, through any means, including but not limited to, spreading viruses, Trojan horses, worms, time bombs, cancelbots, denial of service attacks or other similar harmful programming routines;
• is libellous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
• a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
• infringes or violates any patent, copyright, trademark, trade secret or other property right;
• breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
• engages in, or solicits anyone to engage in commercial activities with you or any party other than Smirk About.
• make false claims as to your identity, or make misleading claims or impersonations such that someone could reasonably be mislead and believe you to be someone who you are not.
• access the Website using someone else’s details including username, password or otherwise assume someone else’s identity.

By using this Website you agree to keep all account access information (including username, password, secret question and secret answer) safe and secure from unauthorised use and disclosure. If you become aware that access to your account is compromised then you are required to notify us immediately at: service@smirkabout.com. You are fully responsible for any use of the Website by anyone using your username and password, even if that use is by an unauthorised person. You agree to fully indemnify Smirk About against any loss we may suffer directly or indirectly as a result of your use of the Website or any unauthorised use of your username or password.

We reserve the right to remove User Submission, without warning or notice, at anytime.

Gift Cards

Redemption: Gift Cards and Gift Codes (collectively “Cards”) are redeemable on the Website or a partner website if specified on the Card or Card invoice. Cards are not legal tender or securities and are not redeemable for cash. Cards will not be replaced if lost or stolen.

Expiry: All Cards have an expiration date. The expiration date is either printed on the Card or on the Card invoice. After the expiration date any remaining value associated with the Card will not be refunded and all transactions attempted using the Card will be declined. To verify the expiry of your Card contact support@smirkabout.com.

Purchases with a Card: The value attributed to the Card is printed on the card or on the Card invoice. When a purchase is made using a Card the value of the purchase is reduced from the Card value. No change will be given if the Card value exceeds the purchase value. The balance will remain on the Card, and can only be used for future purchases. If a transaction value exceeds that value on the Card then the excess must be paid using another payment method.

Damaged card: Each Card has a unique Card Number and PIN. If you believe that the silver scratch panel covering the PIN is damaged or has been interfered with prior to you using it, please contact the store from which you purchased the Card. SmirkAbout is not responsible for lost value from Cards who’s Card Number and PIN have been compromised.

Cards for retail use only: Gift Cards can only be used for retail purchases and can not be used by wholesale, affiliate or other SmirkAbout partners.

Violations of Terms of Use

Please report any violations of the Terms of Use, including objectionable User Submissions or behaviour, to admin@smirkabout.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behaviour in question. Upon receiving such a report of a possible violation, Smirk About in its sole discretion may investigate the matter and take such action as Smirk About determines to be appropriate.

Product guarantee

We are proud of our skins and stand behind their quality and workmanship. As demonstrative of this, we offer a lifetime guarantee on all our skins that they will outlast your device or we will replace it with a new one for the same device and of the same design free of charge. This guarantee covers any failure of the skins which occurs through normal use of your device (excluding exposure to excess water) and includes failures such as fading or dulling of graphic, excessively worn material, peeling or loss of adhesion to the device, tears and separation of materials. While Smirk About skins are water resistant they are not water proof. Exposure to excess moisture, even on a water proof device will damage the skin and there by void the guarantee.

This guarantee only covers the skin for the first device that it is fully applied to and is void if you attempt to remove it from the device. It is also void if your device is treated in a way, or exposed to an environment, for which it is not designed or supported, by the manufacturer. This includes but is not limited to: exposure to moisture, excess heat, soil, dirt, dust, contaminants and chemicals; excessive abrasion; or impact trauma.

To be eligible for a replacement skin, you must email Smirk About at service@smirkabout.com and provide the following information:

• Reason for the claim; and
• Location and date of purchase;
• A picture of the damaged skin would be nice too!

Once you have emailed us we will inform you of how to claim your replacement skin. Smirk About reserves the right to have the failed skin returned to or offices for examination at your expense. Smirk About also reserves the right to reject a claim if our investigation indicates that the skin suffered damage due to it or your device experiencing treatment for which it was not intended.

Access termination

Smirk About may, under certain circumstances and without prior notice, immediately terminate your Smirk About account and access to the Website and any other Smirk About services. Termination of your Smirk About account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Smirk About’s sole discretion, and that Smirk About shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

Intellectual property and copyright

The content on the Website, including without limitation, the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, created by and for Smirk About, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Smirk About, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever, without the prior written consent of Smirk About or, as expressly provided herein. Smirk About reserves all rights, including those not expressly granted in and to the Website and the Content contained therein.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content therein.

This entire Website, copy, images, logos, photos, and unique method of showcasing products is copyright 2009 Smirk About. The Smirk About trade mark and logo are trade marks of Smirk About. All other trade marks are the property of their respective owners, who are not associated with us. Permission to use documents from our Website and/or server and related graphics is restricted. The name of Smirk About or smirkabout.com or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission.

Some of the logos included on this site are the trademarks or registered trademarks of their respective owners, and are provided under licence for their lawful use. It is the express intent of Smirk About that any unauthorised use of these items by the purchaser shall be the sole responsibility of the purchaser. The purchase of any item from Smirk About is not authorisation for the use of any specific logo or trademark. By purchasing said logos, you are not receiving any authority to use the artwork.

User Submissions

This Terms of Use and the Design Licence Agreement together cover all submissions made to Smirk About. The Design Licence Agreement covers works submitted through the Design Submission process and is hereafter referred to as ‘Design Submissions’. The Terms of Use Submissions cover all other submissions, defined previously as User Submissions.

We welcome your comments regarding this Website. However, the interactive nature of postings on Smirk About makes it impossible for us to assume responsibility for any User Submissions. The User Submissions are not endorsed by Smirk About, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission.

You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. Except in the circumstances covered by the Smirk About Design Licence Agreement, you retain ownership rights in your User Submissions. However, by submitting the User Submissions to Smirk About, except where governed by the Smirk About Licence Agreement, you hereby grant Smirk About a worldwide, non-exclusive, royalty-free, sublicenceable, and transferable right and license to use, reproduce, distribute, or prepare derivative works of, the User Submissions in connection with the Website and Smirk About’s business, including without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media.. The foregoing license granted by you exists even if you remove or delete a User Submission from the Website.

If you choose to post User Submissions on Smirk About Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behaviour, and that your use of Smirk About reflects your respect for the legal rights of users connected with Smirk About. You understand that Smirk About does not guarantee any confidentiality with respect to any User Submission.

Smirk About expressly disclaims any and all liability in connection with User Submissions. Smirk About reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Smirk About also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

Warranty disclaimer

Considerable care has been taken in the preparation of all materials to ensure that errors and omissions are limited. Even with the greatest care, inaccuracies do occur. You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Smirk About, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of smirk about, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Smirk About makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

• errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
• any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Website;
• any malicious software or programming routines, bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party; and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.

Smirk about does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and Smirk About will not be a party to, or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Smirk About, or through or from the service, shall create any warranty not expressly stated in the Terms of Use. As with the purchase of a product or service through any medium, or in any environment, you should use your best judgement and exercise caution where appropriate.

Indemnification

You agree to defend, indemnify, and hold Smirk About, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with:

• your breach of this Agreement;
• your breach of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

If you have to indemnify Smirk About under this Section, Smirk About will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Smirk About's express written permission

Limitation of Liability

Our maximum aggregate liability for any Product supplied to you, whether in contract, tort (including negligence), or otherwise, shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

In no event shall Smirk About, or any parent, subsidiary, affiliate, director, officer, employee, licenser, distributor, supplier, agent, reseller, owner, or operator of Smirk About, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorised access to, or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from our Website, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Smirk About shall not be liable for User Submissions or for any defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by Smirk About from its facilities in Australia and the United States. Smirk About makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Your data

The Terms of Use, in conjunction with the Privacy Policy, outline how we collect, store, use, share and dispose of data we collect from you. By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order.

It if your responsibility to ensure that any personal information that you provide us is accurate. If your details change then it is your responsibility to update date the Smirk About website with these changes.

If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information, from time to time, on other Smirk About products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Smirk About products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such a request. If any data held by us concerning you is incorrect, we will correct it on your written request. More detail about the management of your data is outlined in our Privacy Policy..

Credit card fraud

Whilst Smirk About employs the latest security technology for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used, or is used in an unauthorised manner.

Pricing

Smirk About is a multi-currency site. The currency will be determined by the region from which you are accessing the site as determined by the IP address of the computer you are using.

Smirk About currently supports the following currencies: Australian dollar, US dollar, Great British Pound, New Zealand dollar, Hong Kong dollars, Canadian dollars, Japanese yen, Singapore dollar, Korean Won and Euro. These currencies are only available in their respective jurisdiction.

All prices will be shown in the same currency for each user, with the currency symbol preceding the price, indicating which currency is being applied.

Smirk About reserves the right to change prices for products displayed, at any time. With respect to items sold by Smirk About, we cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you of any such cancellation.

Payment methods

Smirk About currently accepts PayPal, Visa and MasterCard only. Payment processing will not begin until we receive all the information we need. We process credit card and PayPal payments after you click the "Submit My Order" button.

Whilst we try to support all credit cards, we are limited in the number of jurisdictions from which we can accept credit cards. We can currently accept credit cards from the following locations: Australia, New Zealand, the United States of America, Canada, the United Kingdom, Hong Kong, Singapore and South Korea.

Taxes and GST

Smirk About products include GST for purchases made in Australia. All Australian listed prices are inclusive of GST and other applicable Australian charges. You are responsible for any additional duties, taxes or charges applicable for all regions outside of Australia.

Supply of your products and shipping

Subject to these Terms of Use, we will supply to you the products indicated on your Tax Invoice, which will be emailed to your email address once your order has been confirmed. Smirk About ships to the locations listed on the Shipping page. At Smirk About’s sole discretion we may alter the countries that we ship products to.

An approximated shipping cost will be indicated in the shopping cart based on the location of the internet service through which you are viewing the Website. This cost will be finalised when you select you delivery location. Shipping rates are listed on the Shipping page. Smirk About reserves the right to change rates at any time.

Delivery times will vary according to your location. We will make every effort to ensure shipments arrive according to the schedule set out on the Shipping page, however, shipping times may change due to changes in supply, or circumstances beyond our control.

Unless otherwise agreed by us, we will deliver your products to the address indicated on your Tax Invoice.

Order cancellations

The customer may not alter, or cancel an order after the order has been placed without first contacting Smirk About. If approved, order alterations and cancellations shall be subjected to a service/restocking charge of up to 10% of the purchase price or A$15 whichever is higher to indemnify us against any loss, damage and expense incurred in relation to the alteration or cancellation of that order. Orders cannot be altered or cancelled once goods have been despatched.

Product returns

Smirk About custom makes every skin for each design and each device so we encourage customers to choose carefully and ensure that they select their design and device correctly. If you would like to return your skin or product, you must email service@smirkabout.com. The email must outline the reason for the return and also include a description of the state of the product. If you believe that the skin is faulty then we will replace it under our Skin Guarantee. While we will endeavour to satisfy customer requirements, Smirk About reserves the right to inspect all returned skin and products for indications of abuse, misuse, mishandling or incorrect installation or application. Within the law and with respect to ‘fit for purpose’, we reserve the right to determine the appropriate action for a return request, be it full refund, product exchange, store credit or rejection. This may or may not include delivery costs.

Provision of service / Access to services

All ringtones, wallpapers, applications and games ("Mobile Content") provided by Smirk About are made available ‘as is’, with no warranty of any kind. You acknowledge and agree that the Mobile Content made available is owned by Smirk About, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. We hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the images, ringtones or object code version of the Mobile Content on a designated compatible mobile device, solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Mobile Content except as expressly provided in this Terms of Use. In addition, you must provide all equipment and software necessary to connect to our Mobile Content Website, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with the company's operations.

Force majeure

Smirk About will not be liable, by reason of any failure or delay in the performance of its obligations hereunder, on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, connectivity to the Internet, or failure at any Smirk About facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Smirk About will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

Ability to accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Smirk About is not intended for children under 13. If you are under 13 years of age, then please do not use the Smirk About Website.

Governing Law

You expressly agree that exclusive jurisdiction for any dispute between you and Smirk About or in any way relating to this Terms of Use, resides in the Courts of New South Wales, Australia, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of New South Wales, Australia, in connection with any dispute concerning this Agreement.  This Agreement is governed by the laws of New South Wales, Australia.